Tobacco firm loses case to dismiss laws regulating product

A case challenging new laws governing the manufacture, sale and advertising of tobacco products has been dismissed, allowing the rules to take effect immediately.

A three-judge bench of the Court of Appeal on Thursday declined to grant the orders sought by cigarette manufacturer British American Tobacco Kenya Ltd (BAT).

BAT was appealing a High Court decision upholding the adoption of the health warnings contained in the 2014 Tobacco Control Regulations.

High Court Judge Mumbi Ngugi had read a judgement delivered by a three-judge panel last year that the Tobacco Control Act and the regulations have very clear objectives of safeguarding individuals and the public from the dangers posed by the consumption of tobacco.

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According to the Act, tobacco use has been implicated in debilitation, disease and death.

“The regulations, which are contested in this petition, are intended to safeguard the public, those who smoke and those who do not, and to provide certain information with regard to the contents of tobacco products,” Justice Ngugi had explained.

The judge had also allowed the enforcement of the Tobacco Control Fund, which was contested, saying the creation of the fund was intended to help the State deal with the adverse effects of tobacco consumption.

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